[WEB4LIB] Re: Public Browser and CIPA?

[Sloan, Bernie]

Speaking of CIPA, here's the latest:

http://www.cnn.com/2002/TECH/industry/04/05/internet.porn.reut/index.html 

Bernie Sloan

-----Original Message-----
From: Andrew Mutch [mailto:amutch at waterford.lib.mi.us] 
Sent: Friday, April 05, 2002 11:04 AM
To: Multiple recipients of list
Subject: [WEB4LIB] Re: Public Browser and CIPA?

Dan,

All of your points are valid. However, I don't think libraries should ignore
the
legal implications of using filtering technology on Internet computers. If
there is
a legal challenge to a library filtering policy, a library that is following
the
CIPA statute can at least point to that as a legal basis for their
filtering.
However, if they filter beyond that line, what legal basis are they relying
on in
that case? You're right, there are groups who want to block Harry Potter.
But
legally speaking, no lawsuit has ever forced a library to filter content. On
the
flip side, at least one library has been has been successfully sued over the
use of
filters in their library. Those who sued Loudoun County Public Library were
awarded
$106,918 in attorney fees. I'm going to guess that the library spent as much
on its
own legal fees.  That's a pretty expensive lesson to learn for crossing that
line.

Andrew Mutch
Library Systems Technician
Waterford Township Public Library
Waterford, MI

[Who is not a lawyer and has never played one on TV either!]

Dan Lester wrote:

> Wednesday, April 03, 2002, 4:49:59 PM, you wrote:
> AIM> CIPA requires that you block pornographic images, not pornography in
> AIM> general. I know, it makes no sense, that's what you get from
politicians.
>
> However, it doesn't forbid you choosing, by policy, to block porn text
> as well.  Many libraries choose to block both.  (I don't personally
> support blocking content of any sort, but I'm also not the Director of
> the East Bible Belt Public Library District, either.)
>
> AIM> That means that you need a browser that supports image blocking
first.
> AIM> Actually, it has occured to me that the best CIPA compliant browser
would
> AIM> be LYNX.
>
> True.  But, again, if you block "all" porn, you're also blocking the
> images.
>
> AIM> In regards to a "blacklist", CIPA spells out the material that is
required
> AIM> to be blocked. As these are legal definitions, they raise the
possibility
> AIM> that a legal challenge could be raised if the blacklist is overly
broad.
>
> True.  But an awful lot of libraries are getting the pressure from the
> other side, the side that wants anything from Harry Potter to Judy
> Blume to hardcore sex with animals blocked.
>
> AIM> Also, remember that CIPA does not authorize blocking pornographic
"text"
> AIM> so a blacklist that does block text could cause problems. CIPA also
does
> AIM> not make a distinction between public and staff computers so add that
into
> AIM> your deliberation.
>
> CIPA doesn't have to "authorize" blocking anything you want, nor does
> it forbid it.  In other words, CIPA gives a description of the minimum
> you must block, but there is no maximum.
>
> cheers
>
> dan
>
> --
> Dan Lester, Data Wrangler  dan at RiverOfData.com 208-283-7711
> 3577 East Pecan, Boise, Idaho  83716-7115 USA
> www.riverofdata.com  www.gailndan.com  Stop Global Whining!